NAZEER AHMED MUHAMMADANI vs State Ss — 2023 YLR 1392 KARACHI-HIGH-COURT-SINDH

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NAZEER AHMED MUHAMMADANI VS State Ss. 7 & 21-L---Criminal Procedure Code (V of 1898), Ss. 87 & 88---Appreciation of evidence---Absconder, punishment for---First Information Report was lodged against accused persons for qatl-i-amd, attempt to qatl-i-amd and rioting armed with deadly weapons and for demanding bhatta---None of the accused nominated in the FIR was arrested during course of investigation as such police filed challan in terms of S. 512, Cr.P.C., showing all the accused as absconders and 'Non-Bailable Warrants' were issued against all the accused by the Trial Court---Trial Court acquitted accused persons but absconding accused were convicted under S. 21-L of Anti-Terrorism Act, 1997 and sentenced them for five years---Validity---Record reflected that proceedings under Ss. 87 & 88, Cr.P.C., were initiated for declaring the appellants/accused as proclaimed offenders for the purpose of proceedings with the case in absentia---Charge was framed against the accused/appellants in the main offences in their absence---Record further revealed that before recording conviction, no charge was framed against the accused/appellants under S. 21-L of the Act---Trial Court was required to satisfy itself according to S. 19(10) of the Act that absence of the accused was deliberate---Trial Court had failed to follow the relevant provisions of law strictly---Trial Court had sentenced and convicted the accused/appellants under S. 21-L of the Anti-Terrorism Act, 1997 in their absentia---Procedure adopted by the Trial Court was absolutely illegal---No doubt, the accused/appellants had approached the High Court directly without filing an application under S. 19(12) of Anti-Terrorism Act, 1997, before Trial Court, under S. 25 of Anti-Terrorism Act, 1997, there was no bar that a person convicted and sentenced in absentia under S. 21-L of Anti-Terrorism Act, 1997, by the Trial Court could not file appeal without filing application under S. 19(12) of Anti Terrorism Act, 1997---Circumstances established that the prosecution had failed to prove the case under S. 21-L of the Anti-Terrorism Act, 1997 against the accused/appellants--- Appeal against conviction was allowed, in circumstances.

NAZEER AHMED MUHAMMADANI vs State Ss — 2023 YLR 1392 KARACHI-HIGH-COURT-SINDH

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